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TERMS OF USE

Last Updated: February 19, 2024

Welcome to Quiz Fiesta. These Terms of Use (“Terms”) govern your access to and use of the Quiz Fiesta website located at quizfiesta.com (the “Site”), including any content, functionality, and services offered on or through the Site (collectively, the “Services”). Please read these Terms carefully before using our Services.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.

1. Acceptance of Terms

By using our Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, as well as our Privacy Policy, which is incorporated herein by reference. We reserve the right to modify these Terms at any time. Your continued use of the Site following any changes constitutes your acceptance of the revised Terms.

2. Eligibility

You must be at least 13 years of age to use the Site. By using the Site, you represent and warrant that you are at least 13 years old. If you are under 18, you represent that you have your parent or guardian's permission to use the Site and that they have agreed to these Terms on your behalf.

3. User Accounts

Some features of the Site may require you to create an account. When you create an account, you agree to:

  • Provide accurate, current, and complete information during the registration process
  • Maintain and promptly update your account information to keep it accurate, current, and complete
  • Maintain the security and confidentiality of your login credentials and restrict access to your account
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately if you become aware of any unauthorized use of your account

We reserve the right to suspend or terminate your account at any time, for any reason, including if we reasonably believe you have violated these Terms.

4. Acceptable Use

You agree not to use the Site or Services for any purpose that is unlawful or prohibited by these Terms. You agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site
  • Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission
  • Attempt to gain unauthorized access to any portion of the Site, or any systems or networks connected to the Site
  • Use the Site to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature
  • Use the Site to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Manipulate or cheat any game scores, leaderboards, or competitive features
  • Collect or harvest any personally identifiable information from the Site

5. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, the design, selection, and arrangement thereof, trivia questions, game mechanics, and user interface elements) are owned by Quiz Fiesta, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as generally and ordinarily permitted through the Site according to these Terms.

6. User-Generated Content

If you submit, post, or otherwise make available any content through the Site (including but not limited to usernames, profile information, chat messages, or feedback), you grant Quiz Fiesta a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the Site and our business operations.

You represent and warrant that you own or have the necessary rights to submit such content and that it does not violate any third party's rights.

7. Third-Party Links and Services

The Site may contain links to third-party websites, services, or advertisements that are not owned or controlled by Quiz Fiesta. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Quiz Fiesta shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

8. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER QUIZ FIESTA NOR ANY PERSON ASSOCIATED WITH QUIZ FIESTA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR SERVICES.

WITHOUT LIMITING THE FOREGOING, NEITHER QUIZ FIESTA NOR ANYONE ASSOCIATED WITH QUIZ FIESTA REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

9. Limitation of Liability

IN NO EVENT WILL QUIZ FIESTA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

10. Indemnification

You agree to defend, indemnify, and hold harmless Quiz Fiesta, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in the United States, and you consent to the personal jurisdiction and venue therein.

12. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will immediately cease.

13. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and Quiz Fiesta regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

15. Changes to Terms

Quiz Fiesta reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised Terms.

16. Contact Us

If you have any questions about these Terms of Use, please contact us at support@quizfiesta.com.

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